Back
NAMIT KUMAR
Ashok Kumar – Appellant
Versus
Surinder Kumar – Respondent
JUDGMENT
Mr. Namit Kumar, J.
CRM-9599 of 2021
This application has been filed by the applicant-petitioner under Section 5 of the LIMITATION ACT read with Section 482 Cr.P.C. for condonation of delay of 1802 days in filing the revision petition.
2. Pursuant to the notice in the application, learned counsel for the non-applicant-respondent has filed reply by way of CRM-5282 of 2023, which is taken on record. According to the reply, parties have compromised the matter and the respondent has no objection, if the delay of 1802 days in filing the revision petition is condoned.
3. In view of the above, application is allowed. Delay of 1802 days in filing the revision petition is condoned.
CRR-360 of 2021 (O&M)
4. Petitioner has filed the instant revision petition under Section 401 Cr.P.C. assailing judgment and order dated 06.06.2015 passed by learned Chief Judicial Magistrate, Sri Muktsar Sahib, whereby he has been convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.3,000/- under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and in default of payment of fine to further undergo rigorous imprisonment for one
A conviction under Section 138 of the Negotiable Instruments Act can be quashed upon the parties reaching a compromise, acknowledging the compoundable nature of the offence under Section 147.
The court can grant permission to compound the offence under Section 138 N.I.Act and waive costs based on settlement and specific reasons.
Under Section 147 of the Negotiable Instruments Act, an offence under Section 138 is compoundable without court permission, allowing for acquittal upon parties reaching a compromise.
The power under Section 482 of the Code of Criminal Procedure can be exercised to secure the ends of justice, allowing for the compounding of the offence and quashing of judgments and orders.
Once a settlement is reached between the parties in a dishonoured cheque case, the offence under Section 138 of the Negotiable Instruments Act can be compounded, leading to acquittal.
The court has the discretion to deviate from the conditions laid down by precedent and grant permission to compound the offence, considering the settlement between the parties and the payment made by....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
